Time for a legal overhaul or business as usual?

This month two iconic brands, Cadbury and Scrabble, lost cases centred on the registrability of non-traditional trademarks in the UK’s Court of Appeal. While the two decisions are consistent with each other, one commentator believes that these cases show the complicated nature of trademark law (with even specialist judges finding it hard to interpret it), and has called for a new statute-based law to be implemented.